Acting as a “friend of the court”, EEOC advises AI Resume Screening Tool “Workday” is Subject to Federal Anti-Discrimination
This article totally caught our eye in Compliance! On April 9, 2024, the US Equal Employment Opportunity Commission ("EEOC") filed a motion for leave to file a brief to support plaintiff's motion to dismiss. This aligns with the guidance EEOC provided in 2022 about the intersection of AI hiring tools and the ADA. The plaintiff brought the lawsuit against the software vendor Workday, Inc. ("Workday"), alleging that Workday violated Title VII, the Age Discrimination in Employment Act ("ADEA"), and the ADA, because it's screening tools to employers that rejected his applications for employment. Originally, the plaintiff stated that Workday was an “employment agency.” This case was dismissed because the plaintiff did not allege any details about his application process, except that he applied for jobs through Workday. In February of 2024, the plaintiff filed their first amended complaint, a revised version of the o...